Higher Education

All About Learning

Higher education institutions face increasing and rapidly shifting compliance, operations and litigation pressures. With so much at stake, more than 100 clients turn to Husch Blackwell’s Higher Education attorneys for legal guidance, so that they can concentrate on effective and efficient service to their students and communities.

Representing major research institutions, regional universities, private colleges, nursing and allied health schools, community colleges, proprietary schools and publicly traded school groups, we help clients identify and resolve potential problems and litigation through compliance audits, policy programs, training and general counsel services.

As a multidisciplinary, full-service firm, we offer the complete range of services, many at predictable flat fees, necessary to meet the unique legal needs of institutions of higher learning.

Compliance and Strategy

Clients partner with us to receive high-level comprehensive policy and procedure audits, as well as in-depth systems audits, to identify, understand and remedy challenges in key areas of potential liability. Institutions also have access to model and customized policies to help meet program requirements and customized training as needed.

Student Affairs

Student affairs professionals encounter a host of governmental regulations and requirements including Title IX/sexual harassment, the Clery Act, the First Amendment and the Family Educational Rights and Privacy Act (FERPA). We assist by drafting policies, reviewing and updating student handbooks and providing comprehensive training. We counsel on scenarios including student discipline, student dismissal, and student complaints of faculty and staff misconduct. In addition, we conduct investigations of alleged student misconduct and recommend options for resolution under existing institutional policies.

Title IV Federal Student Aid and Finances

Federal Student Aid is a lifeline for students and critical for an institution’s sustainability. We help clients obtain initial approval to participate in the Title IV student aid programs and then work through issues that may affect their program participation agreement. We take a proactive approach to ensure compliance with consumer disclosures, and we provide experienced and effective representation when clients are faced with adverse audit or program review findings.

Litigation and Administrative Actions

From the start of an investigation through all phases of litigation, clients receive guidance and advocacy from the knowledgeable trial attorneys on Husch Blackwell’s Higher Education team. Our litigators regularly defend schools in a wide variety of matters including high-profile civil rights, consumer protection, class action lawsuits, False Claims Act (qui tam), employment, and contract lawsuits and arbitrations. They understand how to properly handle disputes unique to the business of higher education.

Outside General Counsel

Our attorneys serve as outside general counsel to many institutions seeking day-to-day help with managing and navigating the higher education legal landscape. We apply our understanding of each client’s unique culture and operations to recommend the right actions for each individual institution.

Labor and Employment

Our team includes labor and employment attorneys positioned to help schools navigate a full range of matters and compliance issues unique to their environment and subject to social and political scrutiny. Our education-specific experience includes tenure, employee benefits, immigration, compensation, discrimination, internal revenue and collective bargaining issues.

Compliance & Strategy

Provided numerous colleges and universities with privileged compliance audits, identifying challenges and creating remedial plans to meet them in areas such as overall policy requirement, the Clery Act, disruptive students, Title IX athletics, contracting and Title IX sexual misconduct.

Created model and customized policies to simplify the maze of rapidly- evolving law and guidance.

Created and provided customized training for more than 30 colleges and universities to prepare administration, faculty, employees and students to face shifting legal landscapes on topics including new policies and procedures as well as more common issues confronting educational institutions.

Alternative Dispute Resolution & Litigation

Arbitrated or mediated over 35 cases in the last three years.

Obtained a defense verdict in the five-week jury trial of fraud claims brought in state court by five former private-sector institution students relating to the enrollment process and placement statistics.

Obtained a defense verdict in the trial of a race discrimination lawsuit brought in federal court by a non-renewed probationary teacher against a school district that suspended the teacher.

Obtained a defense verdict in the trial of a sexual harassment case brought in state court by a secretary against a principal.

Defended a college in a two-week trial in federal court in a case brought by 19 graduates who alleged breach of contract, fraud, and misrepresentation, resulting in a verdict of only $1.00 for each plaintiff.

Defended board members in four lawsuits in which plaintiffs alleged violation of the open meetings law, obtaining a favorable outcome for clients.

Defended a school district in a class action suit brought by parents seeking systemic changes in the delivery of special education services throughout the district and received a favorable outcome for client.

Defended judgments on appeal in both the Eighth and Tenth Circuits and received favorable outcomes.

Obtained summary judgment on behalf of institutions in over 50 other lawsuits involving discrimination claims by former employees, students’ personal injury claims, and sexual harassment claims by employees and students.

Student & Employment Matters

Investigated numerous claims of discrimination brought by or against students, faculty staff and administrators.

Drafted employment agreements for college and university presidents, faculty, and independent contractors.

Handled more than 150 faculty and teacher termination cases in the past five years, including due process hearings and appeals.

Drafted and/or negotiated over 50 severance agreements over the last five years.

Handled more than 30 student disciplinary investigations and proceedings in the last three years.

Business, Governance & Financing

Drafted or revised bylaws for over 10 colleges in universities in the past two years.

Drafted and negotiated several contracts with fundraising foundations.

Represented a school district in all phases of a $500 million capital improvements plan, including bond financing, condemnation, acquisition of property, asbestos abatement, contracts with various contractors and architects, and resolution of construction claims.

Represented a private school in connection with a $30 million capital improvements program, including bond financing, real estate matters, and negotiating and drafting agreements with architects and contractors.

Drafted and/or reviewed over 100 construction contracts and arbitration agreements in the last 10 years.

Drafted and/or reviewed over 100 goods or services contracts in the last five years.

Government & Accreditation Relations

Represented college in U.S. Department of Education emergency action threatening to revoke Title IV Federal Student Aid eligibility while responding to concerns of state department of education and accrediting bodies.

Responded to U.S. Department of Education Office of Civil Rights (OCR) audit and oversight of a college’s anti-discrimination and anti-harassment policies, creating a comprehensive system for addressing such harassment and discrimination complaints that received OCR approval and ended OCR oversight.

Assisted several nursing schools in responding to changes in accreditation standards, including developing plans for separate incorporation for compliance purposes.

Partnered with numerous colleges and universities to prepare for accreditation site visits.